§ 28-9-5 - Superior court order of arbitration.
SECTION 28-9-5
§ 28-9-5 Superior court order ofarbitration. – (a) The making of an agreement for arbitration shall be deemed a consent of theparties to the arbitration to the jurisdiction of the superior court of thisstate to enforce the agreement. A party aggrieved by the failure, neglect, orrefusal of another to perform under a contract or submission providing forarbitration, may petition the superior court, or a judge of that court, for anorder directing that the arbitration proceed in the manner provided for in thecontract or submission.
(b) Five (5) days notice in writing of the application shallbe served upon the party in default. Service shall be made in the mannerspecified in the contract or submission, and if no manner of service isspecified, then in the manner provided by law for personal service of asummons, within or without the state, or substituted service of a summons, orupon satisfactory proof that the aggrieved party has been or will be unablewith due diligence to make service in any of the previously mentioned manners,then the notice shall be served in the manner that the court or judge directs.
(c) A judge of the superior court shall hear the parties andupon being satisfied that there is no substantial issue as to the making of thecontract or submission or the failure to comply with it, the court or the judgehearing the application shall make an order directing the parties to proceed toarbitration in accordance with the terms of the contract or submission.